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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: April 10, 2001

Subject/Title: Consideration of designation of Francisco & Associates, Inc. as Engineer of Work for Landscape and Lighting Assessment Districts, Citywide Park Maintenance District and Street Light Audit report for the 2001/2002 Fiscal Year

Submitted by: J. Stevenson/D. Galey

Approved by: Jon Elam, City Manager

RECOMMENDATION
Passage of a resolution designating Francisco & Associates, Inc. as the Engineer of Work and directing the filing of a Consolidated Annual Report for Landscaping and Lighting Assessment District Nos. 94-1 (Brentwood Country Club); 95-2 (Hawthorne Landing); 95-3 (Pheasant Run); 95-4 (Diablo Estates); 95-5 (California Spirit and Glory); 95-6 (Gerry Ranch); 95-7 (Spa “D”); 95-8 (Garin Ranch); 97-1 (Hancock-Brentwood Lakes); 97-2 (Marsh Creek Apartments); 97-3 (Brentwood Park Apartments); 98-3 (Solana); 98-4 (Birchwood Estates); 98-5 (Arroyo Seco); 99-3 (Spa “L”); 99-4 (California Grove); 99-5 (Deer Creek Country Club); 99-6 (Trailside); 99-7 (Termo); 99-8 (Gerry Property); 99-9 (Richmond American); 00-2 (Lyon Woodfield); 00-3 (California Orchard); 00-4 (Brentwood Park); 01-1 (Laird Property); the Citywide Park Maintenance District No. 98-1 and a Street Light Audit for the 2001/2002 fiscal year. Authorize the City Manager to execute a Consultant Services Agreement with Francisco & Associates. Inc. in an amount not to exceed $100,000 for:

1. Preparing the Consolidated Landscaping and Lighting Engineer’s Report,
2. Preparing the Citywide Park Maintenance District Engineer’s Report,
3. Filing assessments with Contra Costa County,
4. Preparing a Citywide Street Light Audit.

In addition, the Consultant Services Agreement will include:

1. Preparing Engineer’s Reports, noticing and balloting for annexations into existing districts and formation of new districts in an amount not to exceed $5,000 per development.

PREVIOUS ACTION
Actions were taken in previous years to form many of the Lighting and Landscape Districts (LLD’s) and the Park Maintenance District. 

BACKGROUND
The Landscaping and Lighting Act of 1972 requires an annual review and update setting the assessment each year. As a part of the annual review, the Landscaping and Lighting Act of 1972 requires an annual Engineer’s Report and a public hearing. In addition, Proposition 218 requires noticing and balloting if any increases over the approved maximum are being proposed. Preliminary budgets indicate that all existing districts will have no increase over the allowable maximum assessments previously approved in the Engineer’s Report for the upcoming year, and therefore no ballots or individual noticing of parcels currently in LLD’s will be required. New subdivisions that have been approved since the last Engineer’s Report will go through the balloting process for annexation into existing districts or formation of new districts. As is in previous years, it is proposed that the consultant prepare two reports for this year, one for the Landscape and Lighting Districts and one for the Citywide Park Maintenance District. The areas of public landscaping will be increased due to new landscaping coming on-line in the newer subdivisions. In prior years Berryman & Henigar has been designated as the Engineer of Work. The assessment engineers that previously worked on the City’s Engineer’s Reports with Berryman & Henigar have started their own company, Francisco & Associates, Inc., that the City would like to designate as this years Engineer of Work.

Funds for the formation of each new LLD are deposited with the City by the developer. The remaining cost for service is provided by existing district assessments. 


Attachment:
Resolution 
Agreement

RESOLUTION NO.


A RESOLUTION OF INITIATION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DESIGNATING FRANCISCO & ASSOCIATES, INC. AS THE ENGINEER OF WORK FOR LANDSCAPE AND LIGHTING DISTRICTS 94-1 (BRENTWOOD COUNTRY CLUB); 95-2 (HAWTHORNE LANDING); 95-3 (PHEASANT RUN); 95-4 (DIABLO ESTATES); 95-5 (CALIFORNIA SPIRIT AND GLORY); 95-6 (GERRY RANCH); 95-7 (SPA “D”); 95-8 (GARIN RANCH); 97-1 (HANCOCK-BRENTWOOD LAKES); 97-2 (MARSH CREEK APARTMENTS); 97-3 (BRENTWOOD PARK APARTMENTS); 98-3 (SOLANA); 98-4 (BIRCHWOOD ESTATES); 98-5 (ARROYO SECO); 99-3 (SPA “L”); 99-4 (CALIFORNIA GROVE); 99-5 (DEER CREEK COUNTRY CLUB); 99-6 (TRAILSIDE); 99-7 (TERMO); 99-8 (GERRY PROPERTY); 99-9 (RICHMOND AMERICAN); 00-2 (LYON WOODFIELD); 00-3 (CALIFORNIA ORCHARD); 00-4 (BRENTWOOD PARK); 01-1 (LAIRD PROPERTY); THE CITYWIDE PARK MAINTENANCE DISTRICT No. 98-1 AND STREET LIGHT AUDIT FOR THE 2001/2002 FISCAL YEAR



WHEREAS, the Landscaping and Lighting Act of 1972 authorizes local agencies to impose assessments on benefited property to finance the construction of various landscaping, lighting, park, recreational and appurtenant improvements, and the maintenance and servicing of any of the foregoing, and

WHEREAS, a report must be prepared and a public hearing held for each fiscal year for which assessments are to be levied, and

WHEREAS, in the last year the City has approved and accepted improvements in new subdivisions which will be maintained by Landscape and Lighting Districts.

NOW, THEREFORE BE IT RESOLVED:

1. Francisco & Associates, Inc. be the firm designated by the City Council as the Engineer of Work for the Lighting and Landscaping District Nos. 94-1 (Brentwood Country Club); 95-2 (Hawthorne Landing); 95-3 (Pheasant Run); 95-4 (Diablo Estates); 95-5 (California Spirit and Glory); 95-6 (Gerry Ranch); 95-7 (Spa “D”); 95-8 (Garin Ranch); 97-1 (Hancock-Brentwood Lakes); 97-2 (Marsh Creek Apartments); 97-3 (Brentwood Park Apartments); 98-3 (Solana); 98-4 (Birchwood Estates); 98-5 (Arroyo Seco); 99-3 (Spa “L”); 99-4 (California Grove); 99-5 (Deer Creek Country Club); 99-6 (Trailside); 99-7 (Termo); 99-8 (Gerry Property); 99-9 (Richmond American); 00-2 (Lyon Woodfield); 00-3 (California Orchard); 00-4 (Brentwood Park); 01-1 (Laird Property); the Citywide Park Maintenance District No. 98-1 and Street Light Audit for fiscal year 2001/2002, and is hereby directed to file an annual consolidated report in accordance with the provisions of the Landscape and Lighting Act of 1972.

2. The improvements to be made in these assessment districts are generally described as follows:

The operation, maintenance and servicing of parks, landscaping, irrigation, lighting and associated facilities located on arterial, collector and local streets and other public areas as included in the FY 2001-2002 Lighting and Landscaping Assessment District and the Citywide Park Maintenance District Engineer’s Reports except: 

a) new annexations will be included, and;
b) new districts will be included, and;
c) new landscaping and associated improvements may be included.

3. The City Manager is hereby directed to execute a Consultant Services Agreement with Francisco & Associate, Inc. in an amount not to exceed $100,000 for preparation of the Consolidated Landscaping and Lighting Engineer’s Report, the Citywide Park Maintenance District Engineer’s Report including the filing of assessments with Contra Costa County and the Street Light Audit. The Agreement will also include the noticing and balloting for annexations into existing districts and formation of new districts in an amount not to exceed $5,000 per development.

4. This resolution is adopted pursuant to Section 22622 of the Streets and Highways Code.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of April 2001 by the following vote:

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